Land Reform: Proposals for Legislation
8 Summary of the Proposals
8.1 Here
is a summary of the proposed legislation:
Register of community interest
- The proposed legislation will apply throughout
rural Scotland.
- A register of community interest will be set
up, and the proposed legislation will apply to any land on that register.
- Eligible community bodies must be properly constituted,
and representative of and supported by the local community.
Time to assess community interest
- Owners of land on the register must give notice
of their intention to sell.
- If a landowner does not comply with these requirements,
the purchaser will not be able to obtain title to the property.
- The minimum period between notice to sell and
closing date will be 30 days.
- The Government will pay compensation where landowners
incur extra costs directly as a result.
Community right to buy
- Whenever land on the register is offered for
sale, a community body that has registered an interest in it will be able
to exercise a right to buy it.
- A Government-appointed Valuer will set the price.
The Lands Tribunal for Scotland will settle any disputes.
- Before the purchase goes ahead, the community
will be balloted, and there must be a minimum level of support for the purchase.
- The community body will have up to 6 months
to raise the necessary funding.
- The Government will pay compensation where landowners
incur extra costs directly as a result.
New compulsory purchase power
in the public interest
- This can be used if it turns out that land has
been sold without community bodies having the chance to buy.
- It can be used for up to 10 years after the
sale.
Information about land
- New legislation on disclosure of data is unlikely
to be necessary.
- Legislation on beneficial ownership looks to
be difficult, if not impossible, but investigations continue.
Access
- People will have a right of responsible access
in Scotland, subject to restrictions to protect privacy and safeguard land
management and conservation interests.
- This right of access must be exercised responsibly,
as set out in a new Scottish Countryside Access Code.
- There will be new duties on public agencies
to extend opportunities for people to enjoy the countryside.
- Arrangements for resolving disputes will be
put in place.
- Local access fora will be set up.
